Harith Ali Abdulkadir v Daniel Haller [2020] KEELC 1637 (KLR)
The bottom line
#A Kenyan court dismissed both a landlord's rent-eviction claim and a tenant's repair counterclaim because neither side had receipts, records, or followed the lease's notice rules.
What this practically means
#Executive summary
#Key legal issues
#Proof of rent arrears and the effect of the power of attorney
The Plaintiff failed to prove the claimed arrears of Kshs 1,012,500/-; only the admitted Kshs 693,750/- was payable, and that was paid under a consent order; the power of attorney could not authorize collection of rent predating it
The Plaintiff's father's agent received rent but was not called as a witness and no records of collections were produced. The Plaintiff conceded his power of attorney did not authorize collection of rent and was executed on 23rd September 2013. Handwritten acknowledgments signed by the Lessor showed payments received. The Court thus found the claim unsupported and limited the provable arrears to the Defendant's admitted and paid sum.
Condition of the premises and liability for repairs
The Plaintiff failed to prove the Defendant had damaged the property; there was no inventory of the property at the commencement of the lease, key items were found never to have existed, and the lease exempted the Defendant for reasonable wear and tear
The Court visited the locus in quo and noted the absence of a windmill, generator and other items the Plaintiff claimed were damaged. Defence witnesses said these items were never on the premises, and the Court could not disbelieve them. The lease exempted reasonable wear and tear, and the Plaintiff never gave the written notice of defects required by Clause 1(f) before suing. Digging crocodile pools was permitted by the lease.
Claim for future rent in a suit seeking termination and eviction
The Plaintiff could not demand rent for the term February 2015 to February 2020 in a suit filed in November 2013 seeking termination of the lease and eviction
The sum of Kshs 1,406,250/- claimed was for the five-year term commencing 2nd February 2015, which was not due when the suit was instituted. The Plaintiff had elected to seek determination of the lease and eviction; if granted, the lease would have been terminated before that term ran. The demand was therefore inconsistent with the relief sought.
The Defendant's Counterclaim for repair costs
The Counterclaim failed for want of proof of expenditure and want of the contractual notice of destruction or damage
The Defendant relied on a Quantity Surveyor's Bill of Quantities recommending demolition and reconstruction of the entire boundary wall at Kshs 4,353,933.40, but the report contained no breakdown of prices or evidence of what the Defendant had expended. Although the Court saw that some repairs had been done, no receipts were produced. The Defendant also failed to give notice to the Lessor as required under the lease to retain rent for destruction or damage.
Legal principles established
#- A power of attorney executed on a particular date cannot have retrospective effect to authorize collection of rent due before its execution
- A party claiming rent arrears must prove them; where only a sum admitted by the Defendant is proved, the Court can only accept that sum as due
- A party who fails to follow contractual provisions for inspection and written notice of defects cannot complain of the state of repair
- Claims for expenditure on repairs must be supported by receipts or documentary proof
Court orders
#- 1.The Plaintiff's suit is dismissed
- 2.The Defendant's Counterclaim is dismissed
- 3.The Defendant shall have the costs of the Plaintiff's suit
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a lease dispute relating to land parcel Kilifi/Mtwapa/1074 (specific constitutional/statutory provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Harith Ali Abdulkadir v Daniel Haller [2020] KEELC 1637 (KLR)", Case Analysis (2020). Not stated in the judgment beyond the pleadings. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1637/eng@2020-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.